Practice question
Counsel cites Abayon to argue that even a timely personal-jurisdiction affirmative defense in an answer is always waived merely because the defendant answered. Which is correct?
- Abayon repealed every personal-jurisdiction defense.
- The actual unreserved-conduct holding must be distinguished from current Rule 8’s expressly authorized defense procedure.
- Every answer necessarily surrenders the defense expressly listed in Rule 8.
- The current Rule 8 text is irrelevant.
- The word participation always proves waiver without examining how an objection was preserved.
Legal references
- Spouses Abayon v. Bank of the Philippine Islands, G.R. No. 249684, March 29, 2023, main decision, unreserved affirmative relief and voluntary submission; no historical motion-to-dismiss mechanics relied on: https://lawphil.net/judjuris/juri2023/mar2023/gr_249684_2023.html
- 2019 Amendments to Civil Procedure, Rules 8, 11, 14 Section 23 and 15, as relevant to each stated issue: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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